The ongoing saga of my boiler (non) repair

Kaleidoscope1972

I posted a few weeks ago with regard to the property we are renting.
We took on the tenacy agreement in May after selling our property, the house was the family home for our landlord which he was renting whilst abroad. We signed a 12 month tenancy agreement and aprt from a few niggles, have been happy here.

4 weeks ago the rather ancient oil boiler broke down and we contacted the letting agent who are managing the property, they in turn sent a maintenace contracter out, who in turn sub contracted the repair. The boiler was deemed to be unsuitable for repair but the landlord refused to install a new one.

After some negotiation, landlord requested a second opinion and the maintenance firm sent another contractor, who said it WAS repairable but needed a part that would have to be made..this was over 2 weeks ago and the contractor stated 5 working days.

As of today we have been informed that the part is not obtainable and we are back to square one..we have gone 4 weeks with no heating and hot water and we are at our wits end. We have been informed that the LL was offered an alternative and similiar part, but turned it down as he was not convinced that would not break down at some point in the future.

We have been informed today by the letting agent that the LL has insisted that the correct part is obtained despite the time frame that has already elapsed

We feel that we are going round in circles, the LL has told us he will not install a new boiler as when he returns to the property to live next year, he will be modernising the house.

We have been paying full rent in the meantime and we are staring to feel very unhappy and miserable, we didnt expect to pay full rent for a property without CH or hot water. We have been in touch with shelter but they have been unable to help as we are in Wales.

We would now really appreciate some advice as we potentially could find ourselves going through winter with no heating/hot water and we have young children.

Jowo_2

Your options include reporting it to the local council through their private rental tenancy relations officer or environmental health dept who can undertake an inspection of the property and compel the landlord to make repairs.

Or undertaking the repair yourself and deduct from the next rent the cost of the repair. There is a set procedure listed on the Shelter website that must be followed exactly, which includes getting numerous quotes, communicating the intention to the landlord and so on.

Also, you should negotiate compensation - a rent refund for the period you've been affected and ask the landlord to provide separate electric heaters and pay the extra energy bills you incurr until the boiler is fixed.

I'm surprised that Shelter do not offer support for Wales as they appear to have a dedicated site - how about an appointment with your local CAB?

http://www.sheltercymru.org.uk/shelter/home/

Kaleidoscope1972

Thank you for the shelter link, I will have a look at that now.

We thought about going down the repair route ourselves but the issue is that the part is unobtainable..it needs a new burner which they cannot get hold of, so I guess that technically speaking, LL really should be replacing the boiler?

We just wonder how long he can let this run for with the contractor allegedly attempting to get hold of the part

princeofpounds

It is a criminal offence under the housing act to not supply a tenant with hot water and heating for an unreasonable period.

Contact your council's environmental health and private sector tenancy teams TODAY. They can come inspect and issue a legal notice that will force repair or replacement. They can potentially also prosecute for you. That is exactly what they are there for and what you pay your council tax for.

You can warn your LL that you are going to involve them if you think it will get things moving.

As mentioned above, you can also invoke a tenant's right to repair, but for such a big ticket item this is a quite a 'float' to be providing on the LL and might make several months of continued occupation necessary to recover the costs.

The law is on your side, you don't need to put up with this.

princeofpounds

Sorry, I should have said LL and Tenant Act... section 11.

princeofpounds

http://www.smithsresidential.co.uk/landlord.php

there is a nice summary here. 6 months custodial sentence and a £5k fine is the maximum penalty. And/or you can go for a civil prosecution and ask the court for damages (you might wish to do that anyway)

Kaleidoscope1972

Thanks Princeofpounds

I have phoned shelter and they have said the same thing..
.the other point they mentioned was that our LL should be re imbursing us for extra costs due to having no heating, he also suggested that we could if we wished to go down that route ask the LL if we could end the tenancy due to his non compliance or if he refuses, end it on the basis that the LL has breached our tenancy agreement, but warned that the LL may well take us to court and as Im experiencing complications with my pregnacy thats the last thing Id want

Fire_Fox

Are you communicating with the letting agent/ landlord in writing by recorded delivery? I'd be inclined to do this, informing them that you are seeking the advice of Shelter and your local council re: what Price of Pounds said in post 4.

Kaleidoscope1972

Firefox we have been communicating with the LL by email as he is abroad, however communications with LA have been via phone.

poppysarah

If you have personal circumstances that make it impossible to deal with the stress of a wonky landlord then give notice and move.

Seriously your health is not worth the hassle.

Make sure you let any prospective tenants know the heating doesn't work.

Catblue

Kaleidoscope1972 wrote: »

We feel that we are going round in circles, the LL has told us he will not install a new boiler as when he returns to the property to live next year, he will be modernising the house.

Sorry, no real advice but I would be furious about this and would be very seriously tempted to investigate Shelter's advice further about leaving the property due to the LL's breach of your tenancy agreement.

The house is not fit for him to live in, but he's happy for you to live there with no heating or hot water for weeks on end while you have young children and are expecting a child?

And the reason that the house is not fit to live in is because he is "saving up" your rent money so that he can make the house fit for HIM to live in after you have left? :mad: